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Patna High Court - Orders

Sukh Deo Prasad vs Late Kalawati Devi & Ors on 12 May, 2016

Author: Mungeshwar Sahoo

Bench: Mungeshwar Sahoo

          Patna High Court CWJC No.13241 of 2015 (2) dt.12-05-2016




                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.13241 of 2015
                      ======================================================
                      1. Sukh Deo Prasad Son of Late Bulkan Sao Resident of Mohalla : Andi
                      Gola, Muzaffarpur, District : Muzaffarpur.

                                                                          .... .... Petitioner/s
                                                        Versus
                      1. Late Kalawati Devi Wife of Late Thakur Prasad Resident of Gola Road,
                      Danapur, P.S. and P.O. Danapur, District : Patna.
                      2. Basudeo Prasad Son of Late Bulkan Sao Resident of Saraiganj Andi
                      Gola, P.S. Town Muzaffarpur, P.O. G.P.O., District : Muzaffarpur,
                      represented through his holder of Power of Attorney vide No. 2690 dated
                      30.06.2010

namely Anita Devi @ Munni Devi, Daughter of Shri Basudeo Prasad at Mohalla : Saraiganj, Andi Gola P.S. Town Muzaffarur, P.O. G.P.O. District : Muzaffarpur.

3. Om Prakash Son of Late Baidya Nath Prasad Resident of Gola Road, Danapur, P.O. and P.S. Danapur, District : Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Narendra Kuamr For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 2 12-05-2016 From perusal of the impugned order dated 5.1.2015 passed by the learned Additional District Judge Vth, Danapur it appears that the court below found that the objector has interest in the property and therefore allowed the application filed by the objector to contest the Probate Case.

Since only permission has been granted to contest the probate case, I do not find any reason to interfere with the impugned order as it neither prejudice the petitioner nor it occasion failure of justice.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) singh/-

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